HomeMy WebLinkAbout12380 ORD - 11/27/1974JRR:VMR:11- 27- 74;1,ST
AN ORDINANCE
CLOSING THE 40' DEDICATED BUT UNOPENED ROADWAY EXISTING
BETWEEN LOT 25, SECTION 13 AND LOT 32, SECTION 18, FLOUR
BLUFF ENCINAL FARM AND GARDEN TRACTS SUBJECT TO THE
DEDICATION BY REPLATTING PRIOR TO DEVELOPMENT OF ADEQUATE
UTILITY EASEMENTS AND STREET CONNECTIONS THROUGH THE TRACT;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY
WHEREAS, NOTICE OF THE TIME AND PLACE FOR HOLDING A HEARING CONCERNING
THE CLOSING OF THE UNOPENED BUT DEDICATED ROADWAY EXISTING BETWEEN LOT 25,
SECTION 13 AND LOT 32, SECTION 18, FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS,
IN THE CITY OF CORPUS CHRISTI, WAS GIVEN BY PUBLICATION AND BY U. S. MAIL TO
THE LAST KNOWN ADDRESSES OF THE OWNERS OF PROPERTY ABUTTING SAID ROADWAY AND
WITHIN 450 FEET OF THE AREA TO BE CLOSED AND THEREAFTER, PURSUANT TO SAID
NOTICE, PUBLIC HEARING WAS HELD AT REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI ON NOVEMBER 27, 1974 IN ACCORDANCE WITH THE PROVISIONS
OF THE CITY CHARTER; AND
WHEREAS, IT WAS DETERMINED BY THE CITY COUNCIL AFTER SUCH HEARING
THAT IT WOULD BEST SERVE THE PUBLIC CONVENIENCE AND NECESSITY TO CLOSE THE
40 -FOOT DEDICATED BUT UNOPENED ROADWAY HEREINABOVE DESCRIBED, SUBJECT TO THE
REPLATTING OF THE TRACT PRIOR TO DEVELOPMENT TO PROVIDE FOR ADEQUATE UTILITY
EASEMENTS AND CONNECTING STREETS THROUGH THE TRACT:
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION1. THAT THE 40 -FOOT DEDICATED BUT UNOPENED ROADWAY
EXISTING BETWEEN LOT 25, SECTION 13 AND LOT 32, SECTION 18, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, BE AND THE
SAME IS HEREBY CLOSED FOR PUBLIC USE AND ABANDONED TO THE OWNERS OF THE
ABUTTING PROPERTY SUBJECT TO THE REPLATTING OF THE TRACT PRIOR TO DEVELOP-
MENT TO PROVIDE FOR ADEQUATE UTILITY EASEMENTS AND CONNECTING STREETS THROUGH
THE TRACT.
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SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASE, WORD, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID OR
UNCONSTITUTIONAL BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION IT
SHALL NOT AFFECT ANY OTHER SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE,
WORD, OR PROVISION OF THIS ORDINANCE, FOR IT IS THE DEFINITE INTENT OF THIS
CITY COUNCIL THAT EVERY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, WORD,
OR PROVISION HEREOF BE GIVEN FULL FORCE AND EFFECT FOR ITS PURPOSE.
SECTION 3. THE NECESSITY TO IMMEDIATELY CLOSE THE AFORESAID
ROADWAY FOR USE AS A PUBLIC STREET AND TO ABANDON THE SAME TO THE OWNERS
OF ABUTTING PROPERTY, SUBJECT TO THE REPLATTING OF THE TRACT PRIOR TO
DEVELOPMENT TO PROVIDE FOR ADEQUATE UTILITY EASEMENTS AND CONNECTING
STREETS THROUGH THE TRACT, SO THAT THE AFORESAID UNOPENED ROADWAY MAY BE
USED FOR OTHER PURPOSES CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR
RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT
SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE
CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO
EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS
ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE�� DAY OF NOVEMBER, 1974.
ATTEST:
C SECRE ARY
AP ED:
DAY OF NOVEMBER, 1974.
fwc xi�rCITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
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Corpus Christi, Texas
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day of /! , 19�
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jason Luby
James T. Acuff
Rev. Harold T. Branch
Thomas V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark
The above ordinance was passed by the fol owing vote:
Jason L +,ry
James T. Acuff
Rev. Harold T. Branch
Thomas.V. Gonzales
Ricardo Gonzalez
Gabe Lozano, Sr.
J. Howard Stark